Law:

Section:

(a) Constitution of Pakistan (1973)--- Art. 185 (3) read with Art. 199 Petitioner filing writ petition shortly after filing suit for some relief Suit, however, withdrawn before hearing of writ petition Leave to appeal granted to consider effect of withdrawal of suit and as to whether High Court, had not erred in dismissing writ petition in limine. (b) Constitution of Pakistan (1973) Art. 199 Writ petition Petitioner found to have suppressed material fact in writ petition Held, rightly denied relief by High Court under discretionary jurisdiction. ORDER ASLAM RIAZ HUSSAIN, ACTG. C. J. Leave was granted to the appellant in this case mainly to consider whether the High Court had not erred in dismissing his writ petition In limine, in view of the contentions raised before this Court at the bearing of the C.P.L.A. 2. The facts giving rise to the appeal, briefly, are that Abdul Hafeez was employed in the Board 'of Secondary Education. He was charge sheeted on 31 8 1971 and was compulsorily retired on 7 1 1972. He filed an appeal before the Board which was dismissed on 10 2 1972. He there filed a suit against his retirement on 11 5 1973 and shortly thereafter on 19 5 1973 also filed a writ petition challenging his compulsory retirement before the High Court. In the writ petition he made no mentions that he had also filed a suit in the Civil Court with regard to the same matter. The learned Judge in Chamber dismissed the writ petition with the following…

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